North v. Stevenson
Missouri Court of Appeals
Appeal from the McDonald Circuit Court. — Hon. J. C. Lamson, Judge. Judge Bland concurring, Judge Biggs dissenting. The cause of action stated in the first count of respondent’s petition, being in equity, this court will review the entire evidence thereunder, make its own findings of fact, and practically try the case under this count de novo. Blount v. Spratt, 118 Mo. 48; Finley v. Schlueter, 54 Mo.
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Appeal from the McDonald Circuit Court. — Hon. J. C. Lamson, Judge. Judge Bland concurring, Judge Biggs dissenting. The cause of action stated in the first count of respondent’s petition, being in equity, this court will review the entire evidence thereunder, make its own findings of fact, and practically try the case under this count de novo. Blount v. Spratt, 118 Mo. 48; Finley v. Schlueter, 54 Mo. App. 455. The case of fraud should be clearly and strongly proven, by respondent, before the court should interfere to grant the relief sought. Bisp. Prac. Eq. [4 Ed.], sec. 189, p. 243, and…
1DissentBiggs, J.
(dissenting).—I agree that the judgment on the third count should be affirmed, and I also agree that the decree setting aside the receipt ought to be reversed, but I can see no reason for remanding that branch of the case. ' I place my concurrence in the reversal upon the ground that the averment of fraud in procuring the receipt is not supported by a preponderance of the evidence. The law encourages settlements and compromises of doubtful or disputed *433claims, and when once entered into the courts will not set them aside, unless fraud in their procurement is shown by the most satisfactory…
2Cases cited5 opinions
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- Darrier v. DarrierSupreme Court of Missouri · 1874
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- Pfau v. BreitenburgerMissouri Court of Appeals · 1885